The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-26

The Northern Pacific Asks a Rehearing In
Relation o the Recent Order.
WASHINGTON, Aug. 25--The Northern Pacific
Railroad Company, by its attorney, has fled
with the Secretary of the Interior application
for rehearing in the matter of the revocation
of the orders Of withdrawal of it's indemnity
lands. far that revocation applies to the se-
lections by the company already of record, and
to future selections which it will hereafter have
to make 'in common with the rest
of the world The cotnpany takes
exceptions to the rules laid down
in the decision referred to restricting
the company's selections to the State or Terri
tory in which the losses occur. and declares
there is no second indemnity belt, and that the
company is entitled to losses only for lands dis
posed of since the date OF the grant of July 2,
1864. The application says: "It is conceded by
the department. that. under the original charter.
the company would be entitled to select indem-
nifty for all lands lost prior to definite location Of
road, without limit of time within which the
losses must have occurred"
But the decision then proceeds to lay down
that by its charter the company was prohibited
from issuing bonds or mortgages, and was seek
ing to- and did. have such prohibition removed
by the passage of the joint resolution of May 81,
q
right before denied. Congress should then raodi-
fly the indemnity provision. Hence in passing
the joint resolution and thereby granting the
right to issue bonds and mortgages. the granting
.,ower therein restricted the indemnity to losses
occurring between the date of the original act
and the date of the definite location, and speci-
fed that the indemnity selections should be re-
stricted to the particular States Territories in
which the losses might be sustained, declaring
that part of the decision which restricts indem-
nifty to losses after the passage of the granting
act rests upon the construction to be placed
upon the joint resolution of May 81, 1870. The
company desire to be heard upon that question,
asserting that it can show conclusvely that ths
purpose of the resolution was to give additional
lands. Reference is made to Secretary Tellers
decision of May IL, 1888. in which second
indemnity belt was recognized, and in which
the company has selected, under authority Of
that decision, some 372. 900 acres With refer
Co that part Of the decision restricting the
company from making indemnity selections
other than IL the States Territories in which
the losses occur, the application again calls at
tention to this decision of Secretary Teller
IN which it is held that it was clearly the in
tention of the legislation that within
the indemnity limits fixed BY the Northern Pa
ciic acts, the company should have the oppor-
tunity to take lands. acre for acre, for all those
lost in place" This decision of ex Secretary
Teller is referred to confirming the construc-
acted for sixteen years.
The New Orleans Pacific Railway Company
has also applied for a rehearine upon the ground
that it has rot had sufficient opportunity to
make its selections. The acting Secretary will
hear counsel for ecch of these roads in support
Of their applications, either orally or by brief.